Issue: May a
Judicial Official accept payment from a former law
firm for a case initiated on behalf of a client that
the Judicial Official had brought to the firm as a
“rainmaker” and for whom the Judicial Official had
provided nominal legal services, where the fee
arrangement was made in lieu of any payments for
his/her interest in the practice?

Response: The facts
presented included, inter alia, that (1) there was a
verbal separation agreement that specified the
percentage of fees that the Judicial Official would
receive from the total legal fees the firm received
for cases initiated on behalf of clients the
Judicial Official brought to the firm prior to the
Judicial Official’s departure, and (2) the client
was aware of the fee arrangement and approved the
payment to the Judicial Official. The Committee
unanimously approved the Judicial Official’s receipt
of payment when the sole remaining case is finally
settled, although that will occur approximately four
years later than the firm and Judicial Official had
contemplated when the separation agreement was
entered. The Committee noted that while the verbal
pre-existing separation agreement was acceptable, it
was preferable for such agreements involving
Judicial Officials to be in writing. The Committee
also noted that the Judicial Official should
consider whether the decision to accept payment may
affect the Judicial Official’s qualification to hear
matters involving the client, opposing parties and
the law firm.